(1) Involutary Statement: (violates DP); fruit is physical evidence and another statement -D has stmt beaten out of him and in process D tells officers where evidence is -next day officers come back and “start fresh” with Miranda warnings; D waives Miranda rights and gives another confession
-physical evidence must be suppressed b/c direct fruit of involuntary stmt -what about statement 2? NO. Miranda cannot put cag back in bag; must be sufficient break to make 2d statement no longer tainted; Miranda warnings not enough; true involuntary confession extremely difficult to have taint eliminated
(2) Miranda Violation: fruit is physical evidence (see Patane later) and statement #2; Miranda warnings given for 2nd statement
-Miranda violation is the poisonous tree
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